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Originally Posted by BAC
A background check is, however, unconstitutional; there is no provision for a background check system in the US Constitution. Different argument entirely - one active infringing of personal liberties, the other active usurping of [unlawful] authority.
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I disagree with this. The States can, at their discretion, implement background checks. Further, the states can enter into agreements to fulfill mutual expedience, with the consent of Congress.
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No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
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There is no provision for a Federal background check, however. Many think that if the Federal government does not have the power to implement restrictions then the States do not have the power either. That is an incorrect interpretation of the goals and principles of the Founders.
Edited to add:
Actually, the Federal government CAN institute background checks under the clause providing the power of Congress to discipline the militia. So, no, background checks are not uncnstitutional.